Noncompetition Obligation. Executive while employed under this Employment Agreement and thereafter during the Restricted Period and within the United States, shall not organize or form any other business that will conduct Competing Business and shall not engage in the executive management of, or provide consulting concerning the executive management of, Competing Business on behalf of any business other than TurboChef or its affiliates. Executive acknowledges and agrees that the territory identified in this § 5(f) are states in which Executive performs services for TurboChef by being actively engaged as a member of TurboChef’s executive management team in TurboChef’s operations in these states.
Noncompetition Obligation. Executive while employed under this Employment Agreement and thereafter during the Restricted Period and within the States of California, Georgia, Indiana or Maryland, shall not organize or form any other business that will conduct Competing Business and shall not engage in the executive management of, or provide consulting concerning the executive management of, Competing Business on behalf of any business other than PracticeWorks or its affiliates. Executive acknowledges and agrees that the states identified in this ss. 5(f) are states in which Executive performs services for PracticeWorks by being actively engaged as a member of PracticeWorks' executive management team in PracticeWorks' operations in these states.
Noncompetition Obligation. Executive while employed under this Employment Agreement and thereafter during the Restricted Period shall not conduct or participate in Competing Business or organize or form any other business that will conduct Competing Business and shall not engage in the management of, or provide consulting concerning the management of, Competing Business on behalf of any business other than Employer or Subsidiary.
Noncompetition Obligation. In consideration of the receipt by the Employee of Confidential Information and that the work of the Employee involves commercial secrets of the Company, the Employee agrees to perform the obligations set forth in this Clause, which obligations the Employee recognizes are applicable to the Employee under the applicable laws and regulations (including without limitation the Employment contract Law of the People’s Republic of China). The Employee agrees that during his employment with the Company, he/she will not engage directly or indirectly, whether as an employee, consultant, or in any other capacity, in any other business (including the Employee’s own business), which involves the development, management, or sale of technologies or products that are the same as or similar to those developed, managed, or sold by the Company or in any other business that involves any services the same as or similar to those provided by the Company. The Employee further agrees not to, in the capacity of employee, advisor or otherwise, directly or indirectly participate in the development, operation or sale of any technology or products or business (including his own business) identical or similar to the technology or products the Employee develops, operates or sells before leaving his office or be engaged in other services identical or similar to the services the Employee actually provides before leaving his office within two (2) years after the release or termination of the employment between the Employee and the Company (the “Non-Compete Period”). During the Non-Compete Period, the Employee shall continue to perform the non-compete obligations hereunder, and the Company agrees to pay compensations to the Employees on a monthly basis in an amount mutually agreed by parties. The Employee agrees that the compensation is sufficient and reasonable. Notwithstanding the foregoing, the Employee hereby agrees that the Company shall have the right to decide in its sole discretion to exempt the Employee from the non-compete obligations at any time and pay any statutory required minimum compensation for non-compete to the Employee.
Noncompetition Obligation. Executive shall not during the Restricted Period and within the States of California, Georgia, Indiana or Massachusetts organize or form, or acquire a material interest in, or serve as a member of the executive management team of, or provide consulting concerning the executive management of, any business which competes directly with any business which the Company is engaged in, on the date of this Agreement; provided, however, Executive's ownership of any interest constituting not more than five percent of the outstanding debt or equity in a corporation shall not be deemed a "material interest" in competitor if the shares of such corporation are actively traded on a recognized stock exchange or are traded on an over-the-counter market even though that corporation may be a direct competitor of the Company. Executive acknowledges and agrees that the states identified in this section are states in which Executive performs services for the Company by being actively engaged as a member of the Company's executive management team in the Company's operations in these states.
Noncompetition Obligation. In consideration of the covenants of the Bank contained herein, and in addition to the covenants contained in the "Change in Control, Confidentiality and Noncompetition Agreement" dated November 7, 2003 which are hereby reaffirmed except as noted below, Mr. Read, without specific written approval from the Chief Executive Officer or the Chairman of the Board, covenants and agrees as follows:
(a) For a period of one (1) year following his resignation, Mr. Read shall not directly or indirectly engage in any insurance, brokerage, trust, banking or other financial services as an owner, employee, consultant, representative, agent or in any other capacity, within the Maine counties of Xxxxxxx and Washington.
(b) For a period of eighteen (18) months following his resignation, Mr. Read shall not directly or indirectly:
(i) Request or advise any past, present or future customers (all as defined as relationships in effect at any time on or after March 4, 2005 through September 4, 2006) of the Bank, or any of its subsidiaries or affiliates to withdraw, curtail or cancel his or her or its business with the Bank, or any of its subsidiaries or affiliates;
(ii) Cause, suggest, or induce others to call on any past, present, or future customers (all as defined as relationships in effect at any time on or after March 4, 2005 through September 4, 2006) of the Bank or any of its affiliated entities; or
(iii) Canvas, solicit, or accept any business on behalf of any other bank, insurance agency, trust, or other financial services business from any past or present customer (all as defined as relationships in effect on or after March 4, 2005 through September 4, 2006) of the Bank or any of its affiliated entities.
(c) For a period of eighteen (18) months following his resignation, Mr. Read shall not directly or indirectly by any means or device whatsoever, for himself or on behalf of or in conjunction with, any person, partnership, corporation or other entity or organization, solicit, entice, hire, employ or attempt to hire or employ, any employee of the Bank or any of its affiliated entities.
Noncompetition Obligation. During the Noncompetition Period (as herein defined) you will not directly or indirectly compete with Lone Star and/or your Employer (whether as a shareholder, partner, officer, employee, consultant or otherwise) in any business in which Lone Star and/or your Employer was engaged during your employment by your Employer. For purposes of this Agreement, the Noncompetition Period shall be (i) the term of your employment by Employer and (ii) if a Change-in-Control (as defined in the Policy) occurs with respect to your Employer and your employment is terminated without “Cause” or you resign for “Good Reason” (as such terms are defined in the Policy) contemporaneously with or within two years after such Change-in-Control, the additional six-month period following such termination of your employment. The foregoing noncompetition obligation shall not prevent you from owning up to 1% of the outstanding securities of any publicly traded competing business. You acknowledge that this noncompetition obligation is ancillary to an otherwise enforceable agreement and that the limitations as to time and scope of activity are reasonable and do not impose a greater restraint than is necessary to protect the goodwill and other business interests of Lone Star and your Employer. If a court of competent jurisdiction should nevertheless find this noncompetition provision to be invalid or unenforceable as written but may be rendered valid and enforceable by limitation thereof, such provision shall be automatically revised to be valid and enforceable to the maximum extent permitted by applicable law.
Noncompetition Obligation. Employee while employed under this Agreement and thereafter during the Restricted Period shall not conduct or participate in Competing Business in the United States or organize or form any other business that will conduct Competing Business in the United States and shall not engage in the management of, or provide consulting concerning the management of, Competing Business in the United States on behalf of any business other than Employer or The Pulse Network. Employee acknowledges and agrees that the territory identified in this § 5(f) is the territory in which Employee performs services for Employer or The Pulse Network by being actively engaged as an employee in Employer’s and The Pulse Network’s operations in that territory. Notwithstanding anything to the contrary in this Agreement, Employee or any of his affiliates may own an aggregate of not more than 3% of the outstanding equity securities of any class of any company engaged in a Competing Business, if such equity securities are listed on a national securities exchange or regularly traded in the over-the-counter market. For the avoidance of doubt, nothing in this Agreement shall restrict Employee from engaging in the following activities for Employee’s personal benefit, to the extent they do not relate to a Competing Business (the “Permitted Activities”): (i) writing books or creating free content on any topic Employee desires which is consistent with Employee’s individual brand, (ii) consulting with or speaking about any topic with individuals, companies, or organizations, (iii) creating and participating in live events, (iv) creating an interactive online television network and creating content related to that entity or training and marketing materials that support Employee’s customers and guests to participate in such programs, and (v) otherwise commercializing Employee’s individual brand, personality and abilities.
Noncompetition Obligation. Executive, while employed under this Employment Agreement and thereafter during the Restricted Period and within the United States of America and her territories and commonwealths, shall not organize or form any other business that will conduct Competing Business and shall not engage in the executive management of, or provide consulting concerning the executive management of, Competing Business on behalf of any business other than the Company or its affiliates. Executive acknowledges and agrees that the geographic areas identified in this Section 5(f) are areas in which Executive performs services for the Company by being actively engaged as a member of the Company's executive management team in the Company's operations in these areas.
Noncompetition Obligation. For a time period of the greater of: (1) five (5) years from the Effective Date, or (ii) three (3) years after the termination of this Agreement, (the “Non-Compete Term”) neither the Tenax Parties or their Affiliates shall directly or indirectly compete with the Hard Rock Parties or their Affiliates with respect to the manufacture, marketing, sale and/or rental of the Orbit Products (the “Business”) anywhere within the Territory, as hereinafter defined. The term “Territory” shall mean the United States, any European country and any other country where as of the Effective Date or any time thereafter, any of the Tenax Parties file a national stage patent application concerning the Orbit IP. Furthermore, during the Non-Compete Term, the Tenax Parties and their Affiliates shall not directly or indirectly solicit any of the customers or potential customers of any of the Hard Rock Parties or their Affiliates or otherwise encourage any of such customers or potential customers to discontinue or not do business with the Hard Rock Parties of its Affiliates with respect to the Business anywhere within the Territory. Notwithstanding the foregoing, the Non-Compete Term as described herein shall immediately terminate and all noncompetition obligations shall immediately cease if the Purchase Option is not exercised by Extreme or one of its Affiliates within the time period provided in Section 4.2 herein.
